Looking for some advice...

[CH88]

Hello everybody, 

I wanted to post this under the RAMP program but seems to be disabled or discontinued area to post. Anways short background is I a filed claim for anxiety and PTSD in Sept. 2016 was denied, appealed to DRO Aug. 2017, accepted to be put into the RAMP program Aug. 2018 in Supplemental claim with the initial completion date to be June 8th 2019. Called PEGGY yesterday to find out if they have had any movement and was told by individual that he really doesn't see anybody in RAMP anymore. Asked if he could dig a little deeper and he stated he would send an inquiry to the RO dealing with my claim (assuming its still in Phoenix AZ). So I checked VA.gov today and now my estimated completion date was pushed out from a completion date of tomorrow to July 10th, 2020. I thought that RAMP was a pilot program that basically the VA was attempting to complete most claims submitted for the results and find out if this new appeals process would work? Maybe I'm wrong but it seems like I should have just stayed in the DRO and not taken the risk if they are going to take the same time to complete if I didn't opt into RAMP. 

I was initially denied for mental health disabilities due to my psychologist doing the C and P exam (in 2016) stating "I cannot answer whether the disabilities started in service without mere speculation." Then the VA asked her to give an answer along the lines of most likely or not, direct, less likely, etc. She wouldn't answer and I was denied benefits. I had an IMO which gave me a an "at least likely as not" for service connection and filed an appeal. Then during this RAMP in March 2019 VA sent me to another C and P exam offsite and was given the same "at least likely as not" for anxiety service connection. I was diagnosed with anxiety, insomnia, shortness of breath/panic attacks during service which seemed kind of straight forward when applying for anxiety but I guess not. 

I guess I am asking is there anybody else out there that has a RAMP with a completion date of July 2020 or later? Does the claim seem relevant, meaning diagnosed with anxiety in service and given diagnosis of anxiety from VA mental health/private provider within few months of recent C and P? Is RAMP a long term appeals process or should I be hounding my back burner DAV rep. who seems to be busy all the time? Also I have been in a preparation for decision phase since the last C and P exam which was March 2019, for all my other claims once it hit this stage it went a lot faster. Any advice would be great, thanx!

 

Edited July 31, 2019 by CH88

[Berta]

Years ago I got a local vet friend of mine 100% P & T. 1151. They almost killed him but he didnt want to file FTCA, so I wrote the 1151 claim for him. It went Very fast.

He went ballistic some years after that when they called him in to re-evaluate the 1151 issue.

There is no way the VA can cure the loss of most of his colon, due to their medical error in a cancer diagnosis.He is a very difficult vet to deal with but  I wrote a statement for him to send to the VARO and also I contacted the PT advocate here- because he was arguing with them at the local VAMC  about it. The PT advocate could easily understand his anger.

The RO dropped the re evaluation idea based on the letter I sent to them.

A 100 % or TDIU P & T status , to be revoked or re-evaluated for any reason, needs a strong medical reason why.

I guess if a 100% P & T vet stopped getting their Prescriptions filled, or didnt show up for appointments, the VA could think they have been cured.;

 

 

[Berta]

Someone here said:

"You are talking about a very rare instance where the VA call's you for a new C&P when the law says it is not legally required."

I can't find that law............

[Austin0520]

On ‎6‎/‎7‎/‎2019 at 3:19 AM, CH88 said:

I guess I am asking is there anybody else out there that has a RAMP with a completion date of July 2020 or later?

Yes, I opted for RAMP and now my completion date is in 2020.  I initially filed a claim in July 2017 and opted into RAMP initially I think in April of 2018.  Since then the claim has been given a new submit dates several times and the date of completion extended over and over.  Now they're estimating May 2020.

[GBArmy]

 Talking about what law prevents the VA from abusing the overuse of C&P exams

see C.F.R. 3.337 Reexaminations (b)(2)

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i)of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

So, if the s-c conditions are static (Read P&T), the veteran is 55+, and the combined disability exam should result in a reduction for one or more conditions, re-exam is not required. Does the VA pull rank and require an additional C&P? Sure, on a rare occasion. It's the VA; they do or say whatever. But, if these "protected conditions apply, the veteran has every right to challenge it. This C.F.R. authorizes it.

 

 

Edited July 19, 2019 by GBArmy
typo on CFR #

[Berta]

THANKS!!!!!! It sure would apply to ny veteran who fits into this criteria:

"(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement; "

I don't think I was aware of that regulation when I wrote the letter for the above vet I mentioned.There is no way the VA could have given him a new colon or take away the colostomy bag he still must use.All because they said he had hemmoroids for years ,and finally sent him to a different VAMC, who found he didnt have hemmoroids, he had stage 4 colon cancer.100% P & T under 1151.

The going scuttlebutt I heard at the local VAMC (both he and my husband, dead by then due to VA health FTCA.1151 worked at VA dietetics) was 'what are they going to do, kill all of us Vietnam vets who work in dietetics?' I heard one vet say- 'no just the crazy Vietnam vets who work here, 'and someone else hollered over the food service work noise ,' Hey we are all Certified crazy, here in dietetics.

That is where they did put many Vietnam vets - in dietetics because in those days nepotism was rampant.

BTW, I worked in a VA vet center and was voted into the PTSD Combat group- I have never met any vet with PTSD who was crazy. But they sure like to kid about that.

My daughter made the combat vets diplomas from the University of South Vietnam's College of of Dinky Daw, for the team of combat vets my husband was with  in at the 21 day inhouse PTSD program for their last day there. They loved it, many called her thanking her, and some of them were even at his Military Funeral here at Bath NY VAMC. a few short weeks later....after he came back home from Buffalo VAMC PTSD program.

[paulstrgn]

@GBArmyI believe you have a typo for your reference ...it should be 38 CFR 3.327(b)(2) and not 38 CFR 3.337(b)(2). 

I do appreciate you posting this info for I did not know where to find this.